This Executive Decree enters into force upon its publication in the official newspaper La Gaceta.
Given at the Presidencia de la República, in San José, on the twenty-sixth day of March of the year two thousand eight.
Transitional Provision I.-Within a maximum period of 30 calendar days, MINAE shall proceed to validate, review, and officialize the Environmental Guide (Guía Ambiental) for the operation of the Real Estate and Tourism sector, considering it also strategic for the country, not only because it is complementary to the construction Guide officialized in this decree, but also because it is the second most important group of projects that process environmental viability (viabilidad ambiental) before SETENA.
Technical procedure for the preparation of Environmental Guides Instructions for the preparation of Environmental Guides for application in Environmental Impact Assessment 1. Objective The purpose of this procedure is to guide competent public officials, environmental consultants, and the productive sector in the preparation of proposals for sectoral or subsectoral Environmental Guides (Guías Ambientales).
2. Scope This procedure represents the minimum aspects to consider in the formulation of an Environmental Guide, as well as the content aspects that said guide must include, its delimitation being valid based on the particularities of each sector or subsector, incorporating the corresponding technical basis in each case.
3. Scope and field of application of the Environmental Guide The qualified professional or professional team responsible for preparing the environmental guide must consider the most critical scenario and the largest activity, as well as the average location scenario with a high condition of environmental fragility, with the purpose of ensuring that no environmental components and aspects of the sector are left unconsidered. On this basis, it will be ensured that the Environmental Guide (Guía Ambiental) covers the greatest possible number of environmental impacts.
In consideration of the typical project cycle (Figure 1), that is, the set of methodological steps that a project must fulfill for its effective execution, and its link with the environmental impact assessment (evaluación de impacto ambiental), it is recognized that, due to legal structure and custom matters, this latter process is completed at a somewhat late phase of the cycle, as part of the final steps of the project design. This aspect has the disadvantage that the environmental theme is introduced at a very advanced phase, and in many cases, prevents an environmental design for the project, work, or activity.
According to the steps indicated in Figure 1, the project cycle for a typical project involving the construction of works can be divided into two large parts: the construction phase and the operation phase. In this way, depending on the type of project, work, or activity to be developed and the sector to which it belongs, the Environmental Guide can refer to both phases (construction and operation) or be limited to the operation phase, to the extent that the construction component has been considered in a separate environmental guide.
Fig. 1. Essential phases or steps of a typical project cycle (taken from Astorga, 2006) For the definition of impacts, a Matrix for the identification and qualitative assessment of impacts shall be prepared, in which the components and environmental aspects of the productive activity in question are cross-referenced with the main environmental factors. This Impact Matrix shall not form part of the Guide, but must be part of the supporting documentation for its preparation.
4. Relationship with the current environmental legal framework The Environmental Guide (Guía Ambiental) represents a technical instrument complementary to the country's current environmental legal framework. Under no circumstances shall the guidelines of the environmental guide contradict or generate confusion regarding compliance with what is established in the current environmental legal framework, whether by the Political Constitution, international conventions, general or specific laws, or, failing that, general or specific regulations, or technical standards duly officialized by the authorities.
5. Thematic content of the Environmental Guide The Environmental Guide (Guía Ambiental) must develop guidelines for good environmental practices, in the form of preventive, corrective, mitigative, or, if applicable, compensatory environmental measures (medidas ambientales), for significant environmental aspects and impacts that the execution of a project, work, or productive activity could generate.
In Table No. 1, the basic thematic content that an Environmental Guide must have, covering the operational phase of a project, work, or activity, is presented, starting from the premise that the planning and construction phase is based on and covered by the "Guía de Buenas Prácticas Ambientales para la Actividad de la Construcción." 6. Environmental protocols Environmental protocols (protocolos ambientales) represent sets of environmental measures to be applied for a given environmental aspect and impact. Said environmental measures can be preventive, corrective, mitigative, or compensatory, as applicable.
The environmental measures in the environmental protocol are ordered according to a chronological order of application, so as to allow their implementation according to that logic.
Table No. 1 Thematic content of the Environmental Guide covering the operational phase of a project, work, or activity whose planning and construction phase is covered by the Environmental Guide for the urban infrastructure development sector Environmental protocols, when prepared for a given environmental aspect within an organization, can have an introductory part reviewing the environmental aspect in question, the impact it generates, and the reason why that impact must be addressed. As far as possible, the importance of the environmental impact is quantified and measured to incentivize the application of the environmental measures.
The environmental measures of a specific environmental protocol, that is, for a given environmental aspect and impact in an organization, are obtained directly from the environmental guide in whole or in part, as applicable. It should be noted that this is one of the main functions of the Environmental Guide (Guía Ambiental), that is, to serve as a guiding source for environmental protocols within the preparation of an organization's Environmental Management Plan (Plan de Gestión Ambiental) (project, work, or activity to be executed or in operation).
In the case of EIA, because it refers to a predictive model, environmental protocols can be fully adapted from the corresponding Environmental Guide. In this case, the Guide in question corresponds to a kind of complement or substitute for the Environmental Management Plan.
7. Procedure for the preparation of the Environmental Guide 7.1 Technical-scientific procedure The Environmental Guide (Guía Ambiental), for its preparation, must follow a standardized technical-scientific procedure, in such a way as to guarantee that all environmental aspects and impacts that may be generated have been covered, both predictively and practically.
7.2 Topic of the guide The preparation of the environmental guide (guía ambiental) begins with the definition of the productive sector for which it is intended. For this purpose, it must start from the tree diagram shown in Figure 2.
The logic of the diagram in Figure 2 starts from the fact that if it is an activity, work, or project for which it is necessary to develop a planning, design, and construction phase, then this phase is covered by the Environmental Guide (Guía Ambiental) that addresses it, according to the scope established for it. In this way, the Sectoral or Sub-sectoral Guide (Guía Sectorial o subsectorial) to be prepared must fundamentally cover the operational phase.
In the event that a generic guide for the operation of the sector already exists, for example, the Tourism sector, and more specific environmental guides (guías ambientales) are desired, then the following step must be taken. This means that a guide can be prepared for the sub-sector of Hotel Tourism, or Ecotourism, or another variant (see Figure 2).
In all cases, the Environmental Guide (Guía Ambiental) for the activity must be supplemented with the generic base guide, so that no contradictions arise.
Fig. 2. Tree diagram for the thematic construction of generic, sectoral, and sub-sectoral environmental guides (guías ambientales).
7.3 Topics to be addressed by the Environmental Guide (Guía Ambiental) The definition of topics covered by the Environmental Guide (Guía Ambiental) must follow an analogical scheme. This is because there are already activities and works in operation which can provide an acceptable parameter for establishing the set of generic environmental aspects and impacts that the activity produces.
The correct procedure for defining the topics must follow, at a minimum, the following steps:
1. Establish the main (spatial) components of the activity and work in operation. In this case, consider a rather large productive activity, composed of all the components of its productive process. This way, there is a greater possibility of covering all environmental aspects, and thereby, a more complete environmental guide (guía ambiental) is guaranteed.
2. Order the components of the activity according to a diagram of its productive flow, characterizing each one according to its inputs and outputs from an environmental point of view (see Figure 3).
3. Prepare an environmental impact identification matrix, in which the components and their environmental aspects are cross-referenced with the environmental factors that make up the environment (air, water, soil, flora and fauna, potentiation of threats and risks, cultural factors, landscape, etc.). In this case, and always with the aim of covering the greatest number of environmental variables, the aim should be to include the largest and most diverse quantity of environmental factors possible.
4. Qualitatively assess the impacts in the matrix and identify those that qualify as significant.
5. Based on the execution of steps 1 - 4, prepare a list of the main environmental aspects and impacts produced by the generic activity, from which, following an organizing and integrating criterion, the environmental topics that the Environmental Guide (Guía Ambiental) must cover are defined.
Fig. 3. Simple flow diagram of the process of a Plant (an Asphalt Plant, for example), the identification of its main activities and their most relevant environmental aspects.
Additional work that allows for reviewing whether the list of topics to be addressed is sufficient is to compare it to similar activities that are already in operation. On the other hand, it is also important to carry out some research in other places to determine if similar work has been done, including environmental impact assessments (evaluaciones de impacto ambiental).
7.4 Preparation of the environmental protocols (protocolos ambientales) For each of the environmental topics defined in the previous section (significant environmental aspects and impacts), an environmental protocol (protocolo ambiental) is prepared.
The environmental protocol (protocolo ambiental) contains the environmental measures necessary to prevent, correct, minimize, or compensate the environmental impact in question.
As a general rule, the environmental measures in the protocols (protocolos) are drafted generically, and considering the highest-impact cases, so that they can be adapted to the greatest number of possibilities. This marks a difference from the environmental protocols (protocolos ambientales) prepared in environmental impact assessments (evaluaciones de impacto ambiental), where a more specific and concrete approach can be taken.
As far as possible, the environmental measures included in the protocols (protocolos) should not be lengthy and should not involve actions of complex application. Whenever possible, they should be easily incorporated into the normal operations of the activity.
8. Format of the Environmental Guide (Guía Ambiental) The Environmental Guide (Guía Ambiental) must comply with a series of basic formatting guidelines in order to maintain a basic standard. These guidelines are as follows:
a. Sheet: "letter" size, written in portrait format.
b. Text: must be written in Verdana!important font, 11 points, with one-and-a-half line spacing, using a conventional word processor.
c. Paragraphs: should have no indentation, single spacing, and a one-space separation between paragraphs.
d. Side margins: Two and a half centimeters on the left and right.
e. Vertical margins: Three centimeters top and bottom and two and a half centimeters for the header and footer.
f. Cover page: Must have space for the logos to be introduced later, the title of the Environmental Guide (Guía Ambiental), the month and year of its preparation, and the institution or corporate entity responsible for its preparation.
g. Credits and citation: will be included on the back of the cover page, that is, on the inside cover. It must contain the name or names of the professionals who prepared the guide (guía). An explanation of the formalization mechanism for the guide (guía) and the date on which it was approved for dissemination will also be included. The names of persons or entities that assisted in the preparation of the Guide (Guía) will also be added here, as well as the format in which it is desired to be cited from a bibliographic point of view. If it is a publication, the bibliographic registration number and also the publishing house will be indicated.
h. References: all citations within the text must have the corresponding bibliographic reference placed in alphabetical order, according to the name of the first author and ordered according to the conventional system: author(s), year, document title, publishing entity or equivalent, number of pages, and place where the document was prepared.
i. Length: it is recommended that the Environmental Guide (Guía Ambiental) not exceed 50 pages.
j. Figures: environmental guides (guías ambientales) may include figures, diagrams, photographs, and schematics, provided they serve to reinforce the understanding of the text. As far as possible, they should be in color. All figures must be numbered and duly explained and cited in the text. Preferably, figures should be interspersed within the text, and near where they are first referred to.
k. Cover page: will contain the following elements: (i) MINAE logo, (ii) full name of the guide (guía) (iii) summary of no more than 20 words about the guide (guía) and its scope, (iv) effective date of the guide (guía), in accordance with the officialization mechanism applied, (v) edition or revision number, where applicable, and optionally (vi) the placement of an image related to the topic of the guide (guía).
l. Back cover: the logos and identification marks of the entities that have endorsed the publication of the guide (guía) may be placed, as well as other images related to the topic of the guide (guía).
9. Continuous improvement procedure for environmental guides (guías ambientales) Environmental guides (guías ambientales) will be subject to a continuous improvement procedure and periodic revisions. The procedure will be governed by the following guidelines:
1. Technical observations made on an Environmental Guide (Guía Ambiental) must be submitted in writing to the responsible environmental authority.
2. Said observations will be recorded and reviewed by the responsible technical entity, which will rule on their validity and proceed to introduce them as a numbered appendix to the guide (guía).
3. One year after the dissemination of the Guide (Guía), the observations registered as appendices will be integrated into the formal document of the Guide (Guía), making the corresponding substitutions or additions. In these cases, the new version of the Guide (Guía) will have as a complement the term "Revisión Nº 1. n" that corresponds.
10. Bibliographic References Astorga, A. (2007): Central American environmental guide for the urban infrastructure development sector (Guía ambiental centroamericana para el sector de desarrollo de infraestructura urbana). IUCN / ORMA, San José, Costa Rica, 99 p.